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1 - 6 of 6 (0.22 seconds)Section 7 in The Family Courts Act, 1984 [Entire Act]
Samar Ghosh vs Jaya Ghosh on 26 March, 2007
In Samar Ghosh's case (supra1), the Hon'ble Apex Court drawing
insights from English, American, Canadian, and Australian cases, has
established that no universal standard can be universally prescribed to
guide judgments on mental cruelty. However, the Court has outlined
specific instances, illustrative but not exhaustive, that constitute mental
cruelty. It emphasizes that the entirety of married life should be assessed,
1
(2007) 4 SCC 511
2
AIR 2006 SC 1675
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and isolated instances over a span of years would not qualify as cruelty.
Naveen Kohli vs Neelu Kohli on 21 March, 2006
The said judgment was reiterated by the Apex
Court in Naveen Kohli v. Neelu Kohli 2 and relevant
paragraphs are extracted below:
V. Bhagat vs D. Bhagat on 19 November, 1993
In V.Bhagat v. D.Bhagat 3, the Apex Court held as
under:
Bipin Chander Jaisinghbhai Shah vs Prabhawati on 19 October, 1956
33. It is further held that for the offence of desertion,
so far as the deserting spouse is concerned, two essential
4
1957AIR 176
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conditions must be there, namely (1) factum of separation ,
and (2) the intention to bring cohabitation permanently to an
end (animus deserendi meaning intention of deserting, i.e.,
bringing cohabitation permanently to an end). Similarly, two
elements are essential so far the deserted spouse is
concerned: (1) the absence of consent, and (2) absence of
conduct giving reasonable cause to the spouse leaving the
matrimonial home to form the necessary intention aforesaid.
Paragraph 19 of the said judgment is relevant and the same is
extracted as under:
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